The+Indian+Act

The Indian Act

Author: SWAPNA PADMANABHA

Course: Introduction to Canadian Indigenous Studies 107.3

Historical Context

  • Pre-Confederation Legislation

    • Separate Indian Affairs legislation in Upper and Lower Canada.

    • Under the Constitution Act of 1867, federal jurisdiction established over "Indians and lands reserved for Indians" (Section 91 (24)).

  • Formation of the Indian Act

    • Officially passed in 1876; an amalgamation of various colonial laws.

    • Essential features:

      • One hundred sections with wide-ranging implications.

      • Central to membership regulations and reserve management.

      • Acts as a source of restrictions rather than rights.

Six General Areas within the Indian Act

  1. Status Guidelines

  2. Band Governance

  3. Education

  4. Taxes

  5. Alcohol Use

  6. Land Use and Surrender

Key Components of the 1876 Indian Act

Status Guidelines

  • Determines eligibility as "status/legal" Indians; membership criteria.

    • Definition of "Indian":

      • Male of Indian blood reputed to be part of a band.

      • Children of such males.

      • Lawfully married women.

    • Exclusions include illegitimate children, absentee Indians, women marrying non-Indians, etc.

Band Governance

  • Outlines election processes, the structure of chief and council, and areas of jurisdiction.

Education

  • Enables contracting for educational services; regulation of attendance.

Taxes

  • Tax guidelines stating no taxes on reserve land but applicable taxes for off-reserve activities.

Alcohol Use

  • Prohibits alcohol consumption on and off reserves.

Land Use and Surrender

  • Governs terms of land surrender, management, and use of resources.

  • Initially protective, amended to ease surrender conditions.

Enfranchisement

  • Definition: Status Indians lose their status upon gaining Canadian citizenship, including the right to vote and hold property.

  • Eligibility for enfranchisement (Section 86):

    • Consent required from the Band and proof of moral character is needed.

    • University graduates or professionals automatically enfranchised.

    • Mandatory enfranchisement can happen due to military service.

  • Example: Veterans reported being involuntarily enfranchised during WWII under duress.

Land Appropriation & Political Suppression

Land Appropriation

  • Amendments facilitated easier land purchases.

  • Example: 1906 amendment allowed higher revenue distribution to Band members.

  • Statistics indicate significant land surrenders between 1896-1911, undermining treaty promises.

Political Suppression

  • 1885 Amendments: Increased government control, power to depose Chiefs.

  • Restraints on First Nations' mobility without Indian Agent permission.

Economic Restrictions

  • 1881-1882 Amendments: Restricted sale of agricultural products off-reserve; needed permits for off-reserve sales.

  • Consequence: Limited First Nations participation in local economies; restrictive measures persisted into the 1960s.

Cultural and Religious Restrictions

  • Criminalization of Indigenous cultural practices, e.g.,

    • Potlatch banned in 1884 with jail penalties for participation.

    • Restrictions on the Sundance and ceremonial practices.

  • Impact: Suppressed Indigenous identity and practices.

Gender Oppression and Discrimination

  • Legal Restrictions:

    • Prohibited women from holding marital property until 1884.

    • Status women marrying non-status men lose their rights.

  • 1886 & 1951 Provisions: Women lost status post-marriage to non-Indians; severe implications for their children’s status.

  • Enfranchisement rules highly biased against women, reflecting systemic discrimination.

Court Cases and Gender Equity Movements

  • Jeannette Corbiere Lavell Case: Challenged status loss through marriage in 1970, initially lost but gained victory on appeal.

  • Sandra Lovelace Case: U.N. Human Rights Committee found Canada in breach of international civil rights obligations regarding discrimination against Indigenous women.

Bill C-31 (1985)

  • Major amendments to address previous injustices:

    • Reinstatement of Indian status.

    • Established new rules for entitlement and bands governing their own membership.

  • Result: 174,000 individuals registered; however, 106,000 lost status, indicating continued complexities.

Current Status of the Indian Act

  • Amended in 1985: Created classes of Indians under Section 6 (6(1) and 6(2)).

  • Gender Inequity: Provisions regarding membership continue to struggle against systemic oppression and discrimination.

Discussion Points

  • Examination of historical policies on contemporary Indigenous women's experiences.

  • Recognition of ongoing challenges stemming from the Indian Act and systemic injustice.